Opinion
July 2, 1940.
Judgment of the County Court of Kings County, convicting appellant of the crime of criminally receiving stolen property, reversed on the law, indictment against appellant dismissed, and appellant discharged from custody. The testimony of the witness Randisi was such as to establish as a matter of law that he was an accomplice of the appellant, within the tests laid down in People v. Cohen ( 223 N.Y. 406) and People v. Kupperschmidt (237 id. 463). The testimony of the accomplice was not corroborated and appellant's motion to dismiss the indictment should have been granted. (Code Crim. Proc. § 399.) Lazansky, P.J., Hagarty, Johnston, Adel and Close, JJ., concur.